The daily Nebraskan. ([Lincoln, Neb.) 1901-current, February 12, 1970, Image 1

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THURSDAY, FEBRUARY 12, 1970
LINCOLN, NEBRASKA
VOL. 93, No. 53
Attorney Rudolph
Students don 9t have a chance
by CAROL ANDERSON
Nebraska!) Staff Writw
Students in trouble with the
University don't get an ade
quate chance to defend
themselves until after
disciplinary action has been
taken against them, according
to Wallace Rudolph, NU pro
fessor of law.
Until recently Rudolph was
chairman of the Students
Suspensions Committee, the
appeal board for students
disputing action taken by the
Student Affairs office against
them.
Rudolph told the Council on
Student Life Tuesday that he
thinks the University's
disciplinary procedures may
violate the student's civil
liberties. He also said the
University's punishment of
students convicted of civil
crimes raised the question of
double jeopardy or punishing a
person twice for the same
crime.
In an interview the law
professor, who is involved in the
defense of Duane Pope,
criticized Student Affairs for
maintaining a counseling posi
tion when they are actually
prosecuting a student, which
denies the student due process
of law, Rudolph said.
Student Affairs people "want
to stay counselors, they don't
want to become prosecutors,"
Rudolph continued calling this
attitude "unrealistic."
"Sometimes the University's
interests are not the student's
interests," the professor said
referring . to NU's job of pro
tecting its reputation. "At such
times they (Student Affairs)
shouldn't counsel. That's
somewhat of a fraud."
Rudolph emphasized that he
thinks the University should
look out for its own interests.
But "they must realize that
sometimes the University's in
terests will conflict with the
student's and at such times due
process should be invoked, not
counseling."
On double jeopardy, he said
students should not be punished
twice. In the case of dorm
thievery the University has the
right to kick a person out of the
living unit, Rudolph said, but
he questions the University's
right to kick a student out of
school for the offense.
Also appearing before the
CSL to explain the University's
disciplinary methods was Lynn
Gottschalk, chairman of the
six-member Student Tribunal
which considers student cases
referred to it by Student Affairs
and makes recommendations to
that office.
Miss Gottschalk said the
Tribunal often suspects Student
Affairs of not informing the
student of his rights.
Later she said the Tribunal
and the Student Affairs office
"do not get along" and that
they disagree on the function of
the Tribunal. The student
members want the Tribunal to
be a counseling body but Stu
dent Affairs expects them to
make judgements, she con
tinued. Although CSL was told by
Pete Wirtz of Student Affairs
that they follow Tribunal
recommendations "90 per cent
of the time," Miss Gottschalk
said in an interview that she
doubts that figure. She said the
number of agreements has
declined this year because of
the break over procedure and
role of the Tribunal. Students
are being denied due process,
she charged.
Another conflict resulted
from the Tribunal's refusal to
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Lynn Gottschalk
Wallace Rudolph
Will Senate,
dissolve itself?
by GARY SEACREST
Nebraskan Staff Writer
The ASUN Senate Wednesday discussed how inactive it
has been this school year and in the process some senators
suggested that the ASUN Senate be dissolved.
Many senators said they favored forming a student-faculty
senate to repalce the inactive ASUN Senate. Sen. Phil Medcalf
said he would introduce a resolution next week requesting
ASUN to consider the creation of a student-faculty senate to
be composed of not less than 70 per cent graduate and un
dergraduate students.
Even President Bill Chaloupka got into the act and said
his executive committee was considering two plans that would
create a student-faculty sesate.
The proposals for a student-faculty senate grew out of
discussion concerning the ineffectiveness of the ASUN Senate.
Many senators expressed a desire to re-structure the Senate.
Sen. Nancy Ryan said, "We're just not doing anything
here. We're not doing any service to anyone. The legislation
we have been passing is hap-hazard."
Sen. Brad Kollars continued the attack on the ASUN Senate.
"We sit here and deal with little trivial problems."
It was suggested by Sen. Randy Prier that "the future
role of ASUN should be to provide greater services to the
students." He said ASUN might provide such services as a
gas station, legal aid and many student cooperative stores.
However, Medcalf replied that ASUN ought to try obtaining
more student power in university affairs. Medcalf indicated
that he would Introduce a resolution next week that would
ask the Board of Regents to clarify the power structure of student
organizations.
First Vice President Diane Theisen announced that the
ASUN executive committee would hold a meeting this week
to further discuss the role of the ASUN Senate.
Also announced at the meeting Wednesday were the resigna
tions of Senators Dave Landis and Nancy Dowding.
Photo by Barb Pvtari
Allen Buckingham cite discrimination against black soldiers. See story on Page 2.
What's inside
Blacks in Vietnam Pace 2
Evaluation book Page 3
Editorials Pace 4
Entertainment .... ..... k Page 7
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